Can sick leave be closed retroactively? Certificate of temporary incapacity for work: retroactive registration

Citizens perceive it as a kind of formality and a simple way of confirmation. legal absence at work. Therefore, many workers believe that it is possible to receive a sick leave certificate in the days that have passed before going to the hospital, that is backdating.

How true is this opinion, in what cases is retroactive registration of sick leave allowed and what is the possible liability for violations identified in this case - all this will be discussed in detail below.

Sick leave ok how main document, which is the basis for accruing payment to an employee for days missed due to illness, must be drawn up in compliance with all necessary rules. They are legally enshrined in the Order of the Ministry of Health and Social Development of the Russian Federation “On approval of the Procedure for issuing certificates of incapacity for work.”

In accordance with this document, retroactive registration of sick leave is not allowed. That is, it is prohibited to issue a certificate confirming the employee’s incapacity for work for those days when he was not actually examined by a medical professional. At the patient's choice, the document can be opened only on one of the following dates:

• on the day the employee goes to a medical institution;
• on the day you receive the slip during the discharge procedure.

The data indicated in the “date of issue” column must be true and correspond to reality. Failure to comply with this requirement may be interpreted as a violation of the law.

In some cases it may occur controversial situation when following this document. For example, if an employee goes to a medical facility after work and immediately opens a sick leave. The result is a situation in which the employer is obliged to pay for both the working day and temporary disability.

Since simultaneous accrual of these payments is impossible, the employee may lose some of the money (especially if he does not have what is necessary to fully pay for sick leave).

Therefore, it is best to ask the medical professional to issue the document with the date next day, which will allow you to get correct payment.

Despite the legal prohibition of applying for sick leave retroactively, in some cases this still becomes possible.

1. The employee was abroad and fell ill there. Subject to the provision of supporting documents, he can apply for sick leave at the place of his legal residence.
2. At the first signs of illness, the employee did not go to a medical facility, but to a health center. In this case, sick leave opens from the moment of contacting the health center, but only if there are documents confirming this.
3. If a citizen needs long term in order to get to medical organization, to which it was sent, the sheet is issued taking into account the time required for this.
4. The sheet is issued in connection with, but the employee did not go to the medical institution at the required time. Moreover, in case further appeal it is issued with the date of onset of incapacity required by law (that is, from 28 or 30 weeks). At the time of payment for this sick days actual work are taken away from it - payments for them are accrued in the form of regular payments.
5. As for illness during paid work, the only nuance is the extension of rest days for the duration of sick leave. The rest of the procedure for processing and receiving the document takes place in general procedure, there is no reason for a shift in the date of its issue.

Retroactive registration

Procedure and Required documents for applying for sick leave retroactively depend on the grounds discussed above, for example:

• In case of illness during foreign based To open a sick leave, documents issued by a foreign medical institution are used. First, they must go through the legalization procedure (that is, checking the legality of the form and all stamps). After this, the documents are submitted to the medical commission, which accepts final decision on the opening of sick leave Russian legislation. If this decision is positive, the document will be opened retroactively.
• After going to the health center, the employee receives a referral with which he must go to a medical facility. The referral indicates the date of application (usually the previous day), from which the period of temporary incapacity begins.
• If a long trip to a medical facility is necessary, the employee can confirm this, for example, travel documents. If they indicate the duration of the journey, this time period will be included in the period of incapacity for work, and sick leave can be opened from the day the citizen leaves his home country. settlement.
• Pregnant women receive their certificate during their visit to the doctor and after the examination, so no special documents it won't be needed. It is only important that the woman has already applied for an examination by a doctor before this.

As for displaying a backdated sheet in the employer’s accounting department, there are no special problems. Since most businesses use special accounting programs, all necessary corrections happen in them automatically. The amount paid to the employee in the current period is adjusted to that previously transferred.

Responsibility for using illegal methods

The need to obtain sick leave(except in cases where the employee actually gets sick) can be caused by various reasons. For example, to avoid absenteeism in case of missing work for no reason or to get several days of rest that the employer does not want to register as.

Since it is not possible to obtain this document legally, some citizens turn to not entirely legal options, for example:

1. Agreement with a medical professional. This method is more reliable, since it is issued in in this case the document will be genuine. However, find a doctor who agrees to do this professional crime, pretty hard.
2. Contacting special companies that manufacture and sell. This option, although it is more accessible, is also very risky, because in this case the employee will receive false document. There are many ways to determine the authenticity of a sick leave certificate, including even by external signs.

If any of these methods of obtaining sick leave worker will be held accountable. Moreover, it can be both administrative ( disciplinary action, dismissal), and criminal.

The latter option is possible for such a crime as fraud upon receipt of payments, because all days of temporary disability are paid to the employee by the employer and the Social Insurance Fund.

It is obvious that in general cases It is not possible to issue a sick leave certificate retroactively - there are only a few special reasons for this. Whether to turn to illegal ways to resolve an issue is a personal matter for each employee, but it is worth remembering possible liability.

One of the points employment contract, concluded between the employee and the employer, provides compensation payments employee if he is sick. A certificate of incapacity for work makes it possible to be officially absent from work. What to do with an employee who decides to open such a document retroactively? Whether there is a legal ways this design?

Can a doctor open sick leave retroactively?

Many people mistakenly think that any doctor can give a sick leave. To register incapacity for work, the patient must contact medical institution, which has a license from the Ministry of Health to carry out this activity. Sick leave is not issued:

• ambulance station doctors;
• workers emergency departments in hospitals;
• doctors at blood transfusion centers.

In addition to government health care institutions, sick leave certificates can be issued by:

• doctors of tuberculosis dispensaries;
• doctors of paid clinics;
• research institute specialists;
• dentists.

If the patient came to the clinic at the very end of the working day, then a certificate of incapacity for work is issued from the next day in order to avoid conflicts related to remuneration.

Sick leave certificates cannot be issued retroactively, since they are opened from the moment the patient applied for medical care. An exception to the rule is going to the medical center at your place of work. If you have a referral from a doctor at a medical center, it is possible to issue the document retroactively.

The doctor can open such a document if you went to the ambulance the day before. In other cases, this right is vested in the medical labor commission, which makes a decision on the basis objective conclusions about untimely access to a medical institution. It is allowed to issue a certificate retroactively in exceptional situations or only for certain categories of citizens. In other cases, a certificate of incapacity for work is issued directly on the day of the visit to the doctor.

Is it possible to open sick leave for pregnancy and childbirth retroactively?

Sick leave for pregnancy and childbirth is an exceptional case when it can be issued retroactively. The basis is a certificate from antenatal clinic about registration. Regulates this rule Art. 255 Labor Code of the Russian Federation.

In the case where a woman continues labor activity and does not want to issue a certificate of pregnancy and childbirth at the required time, then it begins to be valid from the 30th or 28th week, and this will not be considered a retrospective statement. The days worked will be paid, and the woman will also receive monetary compensation.

Retrospective sick leave officially with confirmation

In some cases, confirmation is required to apply for disability retroactively. When calling an ambulance, it is important to remember that emergency medical technicians cannot issue a similar certificate. The document from the ambulance is only the basis for the attending physician to open a sick leave yesterday.

If the disease occurred abroad, for example, on a business trip, then you can apply for payments in the Russian Federation if you provide documents confirming this fact. The medical commission decides on the replacement foreign document into Russian.

Is it possible to take sick leave retroactively at a paid clinic?

You can legally obtain sick leave not from any organization, but only from one that has a license to carry out medical activities. Doctor practicing in paid clinic, can also issue it if the medical institution properly certified. But, even when visiting private clinics, it is impossible to receive such a certificate the previous day.

Is it legal to open a sick leave certificate retroactively?

A sick leave certificate is a strict document financial statements. The original form has multi-stage protection: printed on special paper With protective fibers, equipped with watermarks, microtests, etc. The date the sheet was opened, unless otherwise special circumstances, must coincide with the day you visit the doctor.

It is important to understand that companies offering to buy disability forms are operating outside the law. The employer has the right to make a request to the medical institution that issued it. If it is discovered that a document has been falsified, the employee may be fired. The authenticity of documents on incapacity for work is verified and Insurance Company. Fake similar documents is prosecuted by law, a criminal case will be initiated against the violator under Article 293 of the Criminal Code of the Russian Federation.

An attempt to bribe a doctor will lead to your employer being informed, and possibly a criminal case will be opened under Article 291 of the Criminal Code of the Russian Federation, which provides for large fine, and in some cases imprisonment for up to two years. A specialist who agrees to a bribe also falls under criminal liability. Therefore, ways to legally register disability retroactively are regulated by the provisions of the order of the Ministry of Health and social development RF.

The habit of Russians to go about their business on weekdays and then take paid sick leave is becoming a thing of the past. If in Soviet times prevailed government agencies and organizations that did not check the accuracy of the sick leave, now private companies do not want to pay for their employees’ time off under the guise of “I was sick.” Roszdravnadzor also very strictly monitors corruption in healthcare institutions and the issuance of unfounded certificates of incapacity for work. Backdated sick leave for legally in 2019 it is possible to apply, but only in rare extreme cases.

What is a modern sick leave

Legally, a certificate of incapacity for work is a document of strict accountability. Printed only at the SpetsBlank printing house in Moscow. Done on special paper with big amount degrees of protection:

1. Water signs with the emblem of the FSS of the Russian Federation.
2. Does not react to ultraviolet light - the paper remains dark.
3. Original individual number each form has 12 digits.
4. Barcode that corresponds to the number.
5. The number under the barcode is embossed.
6. QR code.
7. There is microfiber - blue is distinct, pink and light green are faintly visible.
8. Typographic text is not visible in a money checking machine (with infrared radiation).
9. In some fields, the lines and cells are not solid, but raster (dotted).
10. In the very black line above the words “Doctor’s signature” there is microtext: “certificate of incapacity for work.”

All forms that the medical institution receives are taken into account. If the sheet is damaged, it is written off, and the sick leave number and the reason for the damage to the document are entered in a special journal.

When issuing a certificate of incapacity for work, the data is entered into 4 journals. Each completed document goes under serial number. The accuracy of the information is verified. Every year, Roszdravnadzor increasingly conducts random checks on all medical institutions.

Medical falsifiers and lawbreakers are punished a large fine and quit their job.

According to the law, sick leave is filled out during pregnancy, treatment in a hospital (hospital), outpatient (at home), in some cases when sanatorium treatment.

Sick leave opens in following cases:

• sick employees in all areas where temporary disability is paid;
• during pregnancy and childbirth;
• everyone who is subject to compulsory social insurance, including hazardous production, life and disability insurance;
• those who become ill or injured within a month after dismissal.

The clinic doctor opens a certificate of incapacity for work from the date of application. If the patient applied after he had completed his working day, then the next day is considered the beginning of the sick leave. It usually closes in 3 – 5 days. At the appointed time, the patient must come for an examination or, if it gets worse, then call a doctor at home. If called ambulance, then the doctor issues a certificate stating that he visited the patient, describes the symptoms and lists the procedures performed and medications administered. If the condition worsens, the sick leave is extended. Maximum term paid sick leave – 60 days. If the injury, illness, or operation is serious, then after 60 days the VC makes a decision to extend the certificate of incapacity for work to 120 days.

The doctor is responsible for the accuracy of the information on the certificate of incapacity for work. He has no right to make serious decisions without permission.

The certificate of incapacity for work is opened on yesterday's date, when the ambulance is called.

The emergency doctor must be told that sick leave will be required:

1. The doctor will prescribe special certificate, on the basis of which the sick leave will be opened the next day with yesterday’s date.
2. You will definitely need to visit a doctor at the clinic. If the patient cannot move, then it is necessary to call the attending physician at home.
3. After examining the patient, the therapist (another specialist) will go to the clinic and issue a certificate of incapacity for work.
4. A re-examination will be carried out after 3 or 5 days, depending on the patient’s condition. Again, you will either go to the appointment yourself or call the doctor home.

If the condition does not improve, the doctor may extend the sick leave for another 3 days. Sick leave is closed when a person is so healthy that he can start working.

The certificate of incapacity for work is issued only by the attending physician. All employees of first aid stations, emergency rooms, and paramedics do not have the right to draw up this document. They can only issue a certificate confirming that the patient came with complaints on such and such a date. Now there are no places where it is impossible to contact an employer or a larger medical institution. Therefore, the paramedic is obliged to notify the place of work or the doctor of the nearest clinic about the victim’s request. The sick leave will be opened. If the situation is ambiguous, then the decision to issue sick leave is made by medical commission after the patient can see a therapist. There are cases when a person is sent on a business trip to a “dead” place, and there he ends up with a local paramedic.

In this case, you must: notify the management or accounting department at your place of work about your temporary disability and send a fax through the medical center (make a call) and warn.

If it is impossible to open a sick leave at all, and the fact of illness is undeniable, then the management either does not take into account time off, or, according to internal order, calculates the salary as the amount that a person would receive with sick leave. What management does depends on internal regulations and relations with employees.

Whether sick leave can be opened retroactively or whether sick leave can be closed retroactively is indicated in the Instructions of the Ministry of Health and Social Development of the Russian Federation in the document “Order of the Ministry of Health and Social Development on the procedure for issuing sick leave.” Each doctor acts strictly according to this document. A special medical commission (MC) decides whether to close or open a certificate of incapacity retroactively. The doctor himself cannot decide this alone. He is obliged to open the sheet on the day of application and close it on the day of inspection.

The doctor knows when and how to backdate sick leave. Maximum permissible period, usually 1 day. If the panel determines that the illness or injury suggests more early date, then the certificate of incapacity for work can be issued on a date earlier, but no more than 3-5 days in advance.

You have the right to ask whether it is possible to apply for sick leave retroactively. The doctor is obliged to explain to you what is best in your situation. But rest assured that the vast majority of doctors will only tell you what you can realistically expect within the law.

From time to time, every employee wonders how to take a day off and where to get retroactive sick leave. We strongly advise against using fake sick leave certificates that are sold through advertisements. There are so many degrees of protection that scammers cannot create. And people fall under the article very often. The legislator provides wide range penalties for forgery and use of falsified documents.

An employee may fall under Art. 324. for using deliberately forged documents.

The simplest punishment is dismissal or disciplinary punishment: Article 192 of the Labor Code of the Russian Federation. It all depends on the employer.

If the check is carried out by Roszdravnadzor, they will find out in court whether you knew that the document was fake or not:

1. If you are a victim of circumstances and believe the scammers, you will get off with a fine, the amount of which is determined individually (usually, this is the amount paid by the employer for sick leave).
2. It’s a little worse if the employee goes under Article 238 of the Labor Code of the Russian Federation, in conjunction with Art. 324 of the Criminal Code of the Russian Federation. Then you will face a minimum fine of 2 salaries.
3. If you were in cahoots with a seller of fake sick leave, you used fake documents themselves and contributed to the spread of counterfeit, then a criminal case will be initiated under Art. 327, 324, 35 of the Criminal Code of the Russian Federation. Article 35 of the Criminal Code of the Russian Federation aggravates all acts to criminal group. Therefore, the punishment follows up to imprisonment.

The only justification for your actions can only be that you were really sick, but did not call a doctor, but decided to buy a sick leave through the Internet. For example, they believed that it was not a fake. But even in this case, the court will take into account all your characteristics and the circumstances of the case. If you simply handed over a false document to management, the fine could be about 10 thousand rubles.

A doctor who signs and seals a deliberately false document bears another greater responsibility:

1. He will most likely be fired and fined an annual salary (minimum).
2. If the printing, sale, and issuance of fake sick leave are put on stream, then prison term provided to all group members. Everyone has heard about high-profile case on fake sick leave in Russia.
3. There are doctors who open on original form certificate of incapacity for work healthy people for a certain fee. This act also entails punishment, for example, under Art. 190 of the Criminal Code of the Russian Federation – bribe.

As of 2019, more than 1.5 million criminal cases have already been initiated. Inspections are carried out unexpectedly in medical institutions and by employers themselves in companies.

Remember that a real sick leave is a document of strict accountability, made on stamped paper. Only doctors can open it. All actions of the physician are strictly regulated by the Registration Instructions.

Since July 2017 - appeared electronic sheets disability. Now all data is transferred from the clinic or hospital directly to the employer. The patient can choose in which format to take sick leave – electronic or paper.

Never trust advertisements and sites that promise real leaf retroactive disability. This doesn't happen.

It is possible to issue sick leave retroactively only in exceptional cases, expressly stated in regulations. By general rule, the execution of this document occurs at the time a citizen applies to a medical institution, or when the sick leave is closed upon discharge. Let's sort it out legal order actions of the employee and the employer, if it is necessary to document the period of incapacity for work.

Design rules

The procedure for registration and issuance of certificates of incapacity to citizens is regulated by Order of the Ministry of Health of the Russian Federation No. 624n and Letter of the Federal Social Insurance Fund of the Russian Federation No. 14-03-11/05-8545. Let's highlight key points, which must be taken into account when documenting the fact of illness or stay in a medical institution:

• every case of citizens seeking medical care is documented, and release from work is allowed only on the basis of a certificate of temporary incapacity for work;
• the sick leave certificate indicates the period during which the employee is granted exemption from execution labor responsibilities– for this purpose, the date of the initial visit to the doctor and the moment of discharge are reflected on the sick leave;
• since sick leave allows you to get salary for the entire period of illness, it is recognized as a form strict sample– all information specified in the sheet must be reliable;
• sheets are issued at official forms reflected in the journal of the medical institution.

Note! A sick leave certificate can only be issued by an authorized specialist from a medical institution. The accuracy of the information in the document is confirmed personal signature doctor, as well as the seal of a specialist and a medical institution.

Instructions for filling out a sick leave certificate

Only when specified conditions a citizen can count on receiving average earnings for the entire period of absence from work. To do this, sick leave is submitted by the employee at the place of work, after which payments are calculated at the expense of the enterprise or social insurance funds.

Is it possible to contact a doctor for a sick leave certificate after actual recovery, i.e. "backdating"? In most cases, this is not allowed, since every fact of visiting a doctor is recorded in regulated forms, reports, journals, etc. Since the provision of medical care is carried out within the framework of the compulsory medical insurance program, in order to receive funds from the insurance company, the doctor is required to provide reliable information about the date of the patient’s admission, the period of treatment, the procedures prescribed, and the moment of discharge from sick leave.

Violation specified order will have the following consequences:

• the medical institution will not be able to receive payments from the insurance company for the care provided to the patient;
• if the procedure for filling out a sick leave certificate is violated, the attending specialist may be held liable for material, disciplinary, administrative or criminal liability;
• If it is discovered that sick leave has been filed retroactively, the Social Insurance Fund will refuse to transfer funds to the employer.

Thus, legal option will be the filling out of the specified document at the time the citizen applies, or, directly, when he is discharged from sick leave.

When can you apply retroactively?

In some cases, timely registration of sick leave will be impossible for objective reasons:

• when a specialist is on a business trip outside the Russian Federation, where there are no representative offices of domestic medical institutions;
• in case of illness during business trip(on the way), or in difficult to reach areas– if it takes several days to get to the nearest medical facility;
• when dealing with a disease at a health care center that does not have the authority to issue sick leave;
• when calling a doctor at home, when a subsequent visit to an inpatient medical facility is required;
• when applying for sick leave from a pregnant woman, if she has not registered with the antenatal clinic in the early stages.

Note! Even in the listed cases, it is necessary to provide documentary evidence of the reasons why the citizen was unable to issue a sick leave certificate according to the standard rules. In the absence of such evidence medical specialist cannot issue a certificate of incapacity for work retroactively.

What can be supporting documents? Depending on the current situation, such evidence is:

• a note about a visit to a paramedic station or health center where primary medical care was provided;
• referral of a paramedic for subsequent treatment in a clinic or other medical institution;
• extracts and certificates from medical institutions in other countries, if the disease arose during a business trip ( specified documents should be legalized through notary office or diplomatic departments of the Russian Federation);
• documents confirming travel during the period of illness (for example, travel tickets on a long-distance train).

Such confirmation is not required only when applying for a certificate of incapacity for work for a pregnant woman, since the law allows you to record the gestational age according to data medical examination. However, payment of sick leave to a pregnant woman occurs only from the moment it is actually provided to the employer.

The verification of the submitted documents will be carried out by the medical specialist to whom the citizen applied to obtain a sick leave certificate. With absence documentary evidence reasons for untimely consultation with a doctor, a certificate of incapacity for work is not issued retroactively.

It should be borne in mind that the management of the enterprise is not obliged to verify the accuracy of the information on the sick leave if it is issued according to legislative rules and has everything required details. Therefore, sick leave issued “retroactively” must be accepted and paid according to common grounds. If a violation of the rules for issuing a document is subsequently revealed, deduction of funds from the employee’s salary is allowed only if there is evidence of his guilt.

A certificate of temporary incapacity for work or sick leave is a document strict reporting, the issuance of which is strictly regulated by law.

All details of this document, including the date of issue, must comply with the requirements federal laws and by-laws. Can it be legally issued retroactively?

There are only a number of cases when adjustments to the details are allowed in the registration of official sick leave. All these cases are also described in detail in the laws.

What is the legal date for issuing an official certificate of incapacity for work?

The procedure for issuing a certificate of temporary incapacity for work is set out in clause 14 of Chapter. 2 Order No. 624n of the Ministry of Health and Social Development of Russia. The norms set out in the document do not imply the issuance of sick leave retroactively.

Opening date certificate of incapacity for work will be the day the insured person applies for medical care to a clinic or other institution.

After examining the patient and establishing grounds sufficient for temporary release from work, medical worker issues sick leave and registers it in the register in the prescribed manner.

In general order the leaf issued on closing day, but at the request of the patient it can be issued on the day of the onset of the disease.

At the same time, in standard case issue official sheet retroactively cannot be done under any circumstances.

Is it possible to legally issue and close a sheet at a clinic earlier?

Exists a number of exceptions, in which an official ballot can be issued and closed at the clinic retroactively:

1. The patient should know that Ambulance doctors cannot issue sick leave In this case, you need to ask for a certificate stating that the ambulance came to the call, and in the future, during hospitalization or a doctor’s home call, the health worker can open sick leave retroactively - the previous day of the ambulance call.
2. If temporary disability occurs while the person is abroad, you should obtain a document from the country in which the citizen was located and upon arrival in Russia, legalize it. After checking the papers, the patient is issued a Russian official sick leave certificate retroactively, on the basis of which he will be provided legal release from work with the accrual of benefits.
3. When registering at the antenatal clinic sick leave can be issued retroactively.